Michelle Thompson on behalf of her son, N.S. v. Cherry Hill Township, State of New Jersey

Summary

The United States District Court for the District of New Jersey dismissed without prejudice Michelle Thompson’s civil rights complaint filed on behalf of her son because she could not represent him as a non-lawyer. The court denied her motion for leave to amend as futile but permitted her son to file an amended complaint through counsel or pro se by December 29, 2025.

Holdings

1. A nonlawyer parent appearing pro se may not represent her child in federal court.
2. Leave to amend was denied because the proposed amendment would be futile while Thompson remained unable to represent N.S.

Questions Presented

1. Whether a nonlawyer parent may represent her child in federal court.
2. Whether leave to amend should be granted when the proposed amendment would still be filed by a nonlawyer parent who cannot represent the asserted plaintiff.
3. Whether the complaint should be dismissed without prejudice after the plaintiff failed to obtain counsel or respond to the order to show cause.

Disposition

dismissed